Can my children recv SSI if their father is in CA prison?

My children's father was sentenced to prison for 8 years. Are they eligible to receive Social Security benefits? I was told before that he would have had to have been receiving Social Security in order for them to receive it now. Is that true? Without going on Welfare, are there any benefits they are eligible for since their father is unable to pay child support?

re: Can my children recv SSI if their father is in CA prison?

SSI is a federal benefit paid to eligible people who are aged, blind, or disabled, and who are not insured under SSA or SSD. (Although it is also paid to those who are insured, but whose benefit is less than the SSI amount. These individuals receive the difference.)

SSI is a federal welfare program (Title 16 of the Social Security Act.)

Food stamps is a non-welfare program, since it is funded by the Dept. of Agriculture, but it is usually adminstered by the State Dept. of Social Services or by the Social Security Administration. (Depends upon the state.)

However Food Stamps is a needs based program, so you would have to meet income and asset guidelines.

re: Can my children recv SSI if their father is in CA prison?

Supplemental Security Income (SSI) is essentially a welfare program for the disabled.

SSA = Social Security Administration.

SSD or SSDI is Social Security Disability or Social Security Disability Income paid to a former wage earner judged to be medically incapable of gainful employment. The former wage earner must also have paid Social Security taxes on his earnings when working for a certain amount of time before filing for disability benefits. The amount of time needed to depends upon the age when filing. Younger workers need fewer credits than older workers.

If he was not on SSDI before going to prison, it is unlikely that your children could receive any Social Security dependency benefits unless he was old enough to qualify for an SSA retirement benefit. (He would need to be at least 62 years of age to qualify for this benefit.)

re: Can my children recv SSI if their father is in CA prison?

Sometimes SSA stands for Social Security Retirement income, because the retirement benefit is called an "A" benefit. A wife's is a "B" benefit; a child's is a "C" benefit, and so on.

Some will call SS retirement SSA to differentiate from SSD, or disability benefits.

Also, if there is a court order for child support, unless it is modified, the court orders stands while the inmate is incarcerated. This creates a large burden for the inmate, because while incarcerated, he cannot earn any significant money (inmates are frequently paid 87 cents an hour), so they cannot comply with the court order. Unless, of course, they have assets which can be sold to satisfy the order.

SSDI/CIB - California

If he is receiving SSDI, here is the California Family Code @ 4504(a-c):

4504. (a) If the noncustodial parent is receiving payments from the federal government pursuant to the Social Security Act or Railroad Retirement Act, or from the Department of Veterans Affairs because of the retirement or disability of the noncustodial parent and the noncustodial parent notifies the custodial person, or notifies the local child support agency in a case being enforced by the local child support agency pursuant to Title IV-D of the Social Security Act, then the custodial parent or other child support obligee shall contact the appropriate federal agency within 30 days of receiving notification that the noncustodial parent is receiving those payments to verify eligibility for each child to receive payments from the federal government because of the disability of the noncustodial parent. If the child is potentially eligible for those payments, the custodial parent or other child support obligee shall apply for and cooperate with the appropriate federal agency for the receipt of those benefits on behalf of each child. The noncustodial parent shall cooperate with the custodial parent or other child support obligee in making that application and shall provide any information necessary to complete the application.

(b) If the court has ordered a noncustodial parent to pay for the support of a child, payments for the support of the child made by the federal government pursuant to the Social Security Act or Railroad Retirement Act, or by the Department of Veterans Affairs because of the retirement or disability of the noncustodial parent and received by the custodial parent or other child support obligee each month shall be credited toward the amount ordered by the court to be paid for that month by the noncustodial parent for support of the child unless the payments made by the federal government were taken into consideration by the court in determining the amount of support to be paid. If a lump-sum payment which represents payments for more than one month is received by the custodial parent or other child support obligee, credit shall be given for each month for which the lump-sum payment was made.

(c) If the custodial parent or other child support obligee refuses to apply for those benefits or fails to cooperate with the appropriate federal agency in completing the application but the child or children otherwise are eligible to receive those benefits, the noncustodial parent shall be credited toward the amount ordered by the court to be paid for that month by the noncustodial parent for support of the child or children in the amount of payment that the child or children would have received that month had the custodial parent or other child support obligee completed an application for the benefits if the noncustodial parent provides evidence to the local child support agency indicating the amount the child or children would have received. The credit for those payments shall continue until the child or children would no longer be eligible for those benefits or the order for child support for the child or children is no longer in effect, whichever occurs first.

re: SSDI/CIB - California

I never filed for child support. We were married when he was first incarcerated and I never filed for support because he has no income. So would you agree with the former message from KIVI that "If he was not on SSDI before going to prison, it is unlikely that your children could receive any Social Security dependency benefits" ?

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